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Liability Waiver

I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in TC Total CrossFit LLC programs/classes and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I herby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by TC Total CrossFit LLC. TC Total CrossFit LLC informed me that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same. TC Total CrossFit LLC informed me that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in TC Total CrossFit LLC fitness program/ classes.

Release: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by TC Total CrossFit LLC, and with my full understanding of all of the above, I hereby waive, release, remise and discharge TC Total CrossFit LLC and its agents, officers, principals and employees and volunteers, of any and all liability claims, demands, action or damages of any kind related to, arising from, or in any way connected with, my participation in TC Total CrossFIt LLC fitness programs/classes, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.

This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

If I am signing on behalf of a minor child, I also give full permission for any person connected with TC Total CrossFit LLC to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

Indemnification: I recognize that there is risk involved in the types of activities offered by TC Total CrossFit LLC. Therefore I accept financial responsibility for any injury that I or the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement. I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless TC Total CrossFit LLC, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by TC Total CrossFit LLC.

Use of picture(s)/film/likeness: I agree to allow TC Total CrossFit LLC, its agents, officers, principals, employees and volunteers the pictures(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purposes, I agree that I must inform TC Total CrossFit LLC of this in writing.

Member understands and acknowledges that he/she will, as a result of his/her membership in TC Total CrossFit LLC, have significant contacts with other members, employees of TC Total CrossFit LLC, as well as other persons and entities which have been a contractual relationship with TC Total CrossFit LLC, and shall become familiar with trade secrets, methods of doing business, and other confidential business and proprietary information of TC Total CrossFit LLC that does not qualify as a trade secret. Therefore, during the term of this membership and for a period of two years following the termination of membership, Member will not, individually or in conjunction with others, directly or indirectly, engage, or assist in any manner others in engaging, in any part of any business which competes directly or indirectly with TC Total CrossFit LLC, whether as an officer, director, employer, partner, independent contractor, employee, or shareholder, without TC Total CrossFit LLC prior written consent, which may be withheld in its sole discretion. The provision of this Paragraph shall continue in full force and effect even after the termination of Member’s membership in TC Total CrossFIt LLC.

I have fully read and fully understand the foregoing assumption of risk, and release of liability and I understand that by agreeing it obligates me to indemnify the parties named for any liability for injury or death of any person and damages to property caused by my negligent or intentional act or omission. I understand that by agreeing to this form I am waiving valuable legal rights.

INFORMED CONSENT/ASSUMPTION OF RISK

I agree to participate in one or more physical fitness program(s)/class(es) sponsored by TC Total CrossFit LLC., which may include, but not necessarily be limited to, TC CrossFit Boot Camp, TC CrossFit Kids, Cross fit Training, and/or training of any kind of affiliate, subsidiary or partnership of TC Total CrossFit LLC. TC Total CrossFit LLC made me fully aware that the fitness programs/classes which TC Total CrossFit LLC offers and in which I desire to participate are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. I the undersigned recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my parter(s).